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An Edinburg man who was initially charged with accident involving serious bodily injury last year was arraigned Monday on an upgraded charge of collision involving death and pleaded not guilty, according to court documents.
The updated charge stems from an Aug. 4, 2023 crash involving Luis Alberto Hernandez Cruz, 37, whose semi-truck hit a motorcycle operated by Karyme Garza, who later died from her injuries.
He was indicted on Aug. 29.
At 10:02 a.m. on the day of the crash, McAllen police responded to 1000 Tamarack Ave. in reference to a major accident where a semi-truck towing a dump trailer was blocking the northbound lanes of North 10th Street and the east- and west-bound lanes of 900 W. Tamarack Ave, according to a probable cause affidavit.
Once there, officers noticed a black Harley Davidson motorcycle pinned under the right side tires of the second and third axles as well as the driver, Garza, also pinned underneath the first rear axle suffering from multiple and severe lacerations to her lower abdomen and hip area, the affidavit said.
Officers began to question witnesses, one of which was identified as Saul Garcia who advised that the driver of the semi-truck, Cruz, had fled on foot and was heading southbound through the east-side alley.
Garcia let the officers know that his employee, later identified as Xavier Quintino, followed Cruz.
Quintino would later tell police that he witnessed the crash, stating that both the semi-truck and motorcycle were both traveling northbound on North 10th Street with the semi on the inside lane and the motorcycle on the outside lane.
“Xavier also told me he saw the semi-truck begin making a right turn onto Tamarack (Avenue) from the inside lane,” the affidavit said. “Xavier added he saw the semi-truck crash into the motorcycle.”
Quintino also said he saw Cruz get out and walk around the truck, go back into the cab for a moment before exiting once more and began to run east on Tamarack Avenue, then south through the alley.
Quintino followed Cruz using his motorcycle and, according to the affidavit, advised Cruz to stop running and sit down multiple times. He finally waved down a police officer who then detained Cruz.
Once detained, Cruz stated he ran because he was scared and in shock, adding that he didn’t know where he was going or where the bike came from.
Garza, who was helped by Lone Star EMS, was transported to STHS McAllen, where she died on Aug. 15, 2023.
Cruz is currently free on a $10,000 bond.
